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(영문) 서울동부지방법원 2016.05.18 2015고정1774
업무상횡령등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

From December 22, 2006, the Defendant, as the president of the D Housing Redevelopment and Improvement Project Association (hereinafter “D”) located in Seongdong-gu Seoul (hereinafter “D Housing Redevelopment and Improvement Project Association”), is engaged in the overall management of the affairs of the said Union while managing its funds, documents, etc.

1. Although the Defendant, in violation of the Act on the Maintenance and Improvement of Urban Areas and Residential Environments (hereinafter “Act”), has to make public official documents regarding the implementation of the given rearrangement project along with the Internet and other means so that its members, etc. can be known, the Defendant did not disclose them even if he received a supplementary statement from his Sung-dong Office on December 7, 2007, and did not disclose it as indicated in the attached crime list, or did not disclose it within the given period.

2. On October 24, 2014, while the Defendant was in the custody of the union funds for the instant association for business purposes, the Defendant remitted the attorney fee of KRW 11 million to the new bank account in the name of the attorney-at-law in the case of violation of the Act on the Maintenance and Improvement of Urban Areas and Residential Environments (Seoul East District Prosecutor’s Office No. 2014 type No. 14580) on the suspected facts that the Defendant did not disclose the union-related documents, as its officers, as prescribed by the Act on the Maintenance and Residential Environments.

Accordingly, the Defendant, as the attorney fee for the criminal case of the Defendant’s individual, embezzled by arbitrarily using 11 million won of partnership funds as above.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police with respect to F;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 86 Subparag. 6, Article 81(1)3, Article 81(1)4, and Article 81(1)6 (a) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Specific Crimes (amended by Act No. 11293, Feb. 1, 2012); Articles 356, and 355(1) of the Criminal Act (a) of the Criminal Act; the selection of fines, respectively,

1. The aggravated Criminal Act for concurrent crimes.

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